California high court nullifies gay marriages

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In what could be a serious setback for gay rights nationwide, California's Supreme Court has invalidated nearly 4000 marriage licences issued to same-sex couples by the city of San Francisco this year.

The court ruled unanimously that San Francisco officials overstepped their authority and misinterpreted state laws by granting marriage licences to homosexual couples from across the country who flocked to the city in February and March.

The court did not resolve whether the Californian constitution permits same-sex marriages, and gay rights advocates have filed a separate suit seeking a ruling on that question.

"Should the current California statutes limiting marriage to a man and a woman ultimately be repealed or be held unconstitutional, the affected couples then would be free to obtain lawfully authorised marriage licences," the court noted.

Thursday's ruling pertains only to California, but opponents of same-sex marriage said it would undoubtedly have an effect elsewhere.

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"It bodes well for any of us trying to protect the institution of marriage," said Sadie Fields, who chairs the Christian Coalition of Georgia. The group is behind a referendum that will ask Georgia voters to decide on November 2 whether to amend the state constitution to ban same-sex marriages and limit other rights for homosexuals. Seven other states plan a similar vote on that day.

The ruling disappointed gay rights advocates who had hoped the weddings would remain valid while the broader arguments of the constitutionality of excluding same-sex couples from the institution of marriage were thrashed out. Gay couples faced the reversal with a mixture of defiance and dismay.

"No court can take away the love we share," said John Lewis, who married Stuart Gaffney in the city six months ago.

Phyllis Lyon, 79, who married Del Martin, 83, said: "After being together for more than 50 years, it is a terrible blow to have the rights and protections of marriage taken from us. At our age, we do not have the luxury of time."

Gay marriage has become a thorny issue in the US after two legal rulings last year. The first, by the US Supreme Court, struck down sodomy laws, in effect removing the last legal obstacle to gay relationships.

The second, in Massachusetts, made gay marriage legal in that state alone, prompting President George Bush and other Republicans to call for an amendment to the US constitution that would limit marriage to heterosexuals. Many states have already amended their statutes to do that.

While neither of the Democratic Party's White House challengers, John Kerry and John Edwards, supports gay marriage, both oppose a constitutional amendment. The right of same-sex couples to have their relationships legally recognised is expected to become a central social issue of the presidential campaign.

San Francisco's Mayor, Gavin Newsom, said he respected the court's ruling, but he thought limiting marriage to a man and woman was discriminatory.